House Bill 2053

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    Florida House of Representatives - 2000                HB 2053

        By the Committee on Utilities & Communications and
    Representative Rojas





  1                      A bill to be entitled

  2         An act relating to electronic procurement;

  3         amending s. 287.012, F.S.; revising certain

  4         definitions to include bids or proposals

  5         transmitted or received by electronic means;

  6         amending s. 287.042, F.S.; requiring the

  7         Department of Management Services to consult

  8         with the State Technology Office on joint

  9         agreements involving the purchase of

10         information technology resources; amending s.

11         287.057, F.S.; authorizing the State Technology

12         Office to purchase or authorize certain

13         purchases by negotiation under certain

14         circumstances; requiring the office to develop

15         a program for on-line auctions for procurement

16         of commodities and contractual services;

17         providing a limitation; authorizing the office

18         to contract for certain equipment and services;

19         authorizing the office to adopt rules for

20         certain purposes; providing an effective date.

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22  Be It Enacted by the Legislature of the State of Florida:

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24         Section 1.  Subsections (5), (11), and (15) of section

25  287.012, Florida Statutes, are amended to read:

26         287.012  Definitions.--The following definitions shall

27  apply in this part:

28         (5)  "Competitive sealed bids" or "competitive sealed

29  proposals" refers to the receipt of two or more sealed bids or

30  proposals submitted by responsive and qualified bidders or

31  offerors and includes bids or proposals transmitted by

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    Florida House of Representatives - 2000                HB 2053

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  1  electronic means in lieu of or in addition to written bids or

  2  proposals.

  3         (11)  "Invitation to bid" means a written solicitation

  4  for competitive sealed bids with the title, date, and hour of

  5  the public bid opening designated and specifically defining

  6  the commodity, group of commodities, or services for which

  7  bids are sought.  It includes instructions prescribing all

  8  conditions for bidding and shall be distributed to all

  9  prospective bidders simultaneously.  The invitation to bid is

10  used when the agency is capable of specifically defining the

11  scope of work for which a contractual service is required or

12  when the agency is capable of establishing precise

13  specifications defining the actual commodity or group of

14  commodities required.  A written solicitation includes a

15  solicitation published or transmitted by electronic means.

16         (15)  "Request for proposals" means a written

17  solicitation for competitive sealed proposals with the title,

18  date, and hour of the public opening designated. A written

19  solicitation includes a solicitation published or transmitted

20  by electronic means. The request for proposals is used when

21  the agency is incapable of specifically defining the scope of

22  work for which the commodity, group of commodities, or

23  contractual service is required and when the agency is

24  requesting that a qualified offeror propose a commodity, group

25  of commodities, or contractual service to meet the

26  specifications of the solicitation document.  A request for

27  proposals includes, but is not limited to, general

28  information, applicable laws and rules, functional or general

29  specifications, statement of work, proposal instructions, and

30  evaluation criteria. Requests for proposals shall state the

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  1  relative importance of price and any other evaluation

  2  criteria.

  3         Section 2.  Paragraph (a) of subsection (16) of section

  4  287.042, Florida Statutes, is amended to read:

  5         287.042  Powers, duties, and functions.--The department

  6  shall have the following powers, duties, and functions:

  7         (16)(a)  To enter into joint agreements with

  8  governmental agencies, as defined in s. 163.3164(10), for the

  9  purpose of pooling funds for the purchase of commodities,

10  information technology resources, or services that can be used

11  by multiple agencies.  However, the department shall may

12  consult with the State Technology Office on joint agreements

13  that involve the purchase of information technology resources.

14  Agencies entering into joint purchasing agreements with the

15  department shall authorize the department to contract for such

16  purchases on their behalf.

17         Section 3.  Paragraph (h) is added to subsection (3) of

18  section 287.057, Florida Statutes, and subsection (22) is

19  added to said section, to read:

20         287.057  Procurement of commodities or contractual

21  services.--

22         (3)  When the purchase price of commodities or

23  contractual services exceeds the threshold amount provided in

24  s. 287.017 for CATEGORY TWO, no purchase of commodities or

25  contractual services may be made without receiving competitive

26  sealed bids or competitive sealed proposals unless:

27         (h)  When it is in the best interest of the state, the

28  State Technology Office may purchase, or authorize an agency

29  to purchase, information technology or information technology

30  resources, as defined in s. 282.303, by negotiation provided

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  1  such purchases shall be made only under conditions most

  2  favorable to the public interest.

  3         (22)(a)  The State Technology Office of the department

  4  shall develop a program for on-line auctions for procurement

  5  of commodities and contractual services.  Only bidders

  6  prequalified as meeting mandatory requirements and

  7  qualifications criteria shall be permitted to participate in

  8  on-line auctions.  The State Technology Office may contract

  9  for equipment and services necessary to develop and implement

10  on-line auctions.

11         (b)  The State Technology Office may adopt rules,

12  pursuant to ss. 120.536(1) and 120.54, to implement the

13  program for on-line auctions. The rules shall include, but not

14  be limited to:

15         1.  Determining the requirements and qualification

16  criteria for prequalifying bidders.

17         2.  Establishing the procedures for conducting on-line

18  auctions.

19         3.  Establishing the criteria for eligible commodities

20  and contractual services.

21         4.  Establishing the procedures for providing access to

22  on-line auctions.

23         Section 4.  This act shall take effect upon becoming a

24  law.

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    Florida House of Representatives - 2000                HB 2053

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  2                          HOUSE SUMMARY

  3
      Revises definitions of "competitive sealed bids,"
  4    "invitation to bid," and "request for proposals" to
      include bids or proposals transmitted or received by
  5    electronic means. Requires the Department of Management
      Services to consult with the State Technology Office on
  6    joint agreements involving the purchase of information
      technology resources. Authorizes the State Technology
  7    Office, as an exception to competitive sealed bid or
      proposal requirements, to purchase or authorize agency
  8    purchases of information technology or information
      technology resources by negotiation whenever it is in the
  9    best interest of the state. Requires the office to
      develop a program for on-line auctions for procurement of
10    commodities and contractual services and authorizes the
      office to contract for equipment and services necessary
11    to develop and implement on-line auctions.

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